Standard Terms & Conditions for Food Junction RSVP Card

Definitions

Whenever the following terms appear in these Standard Terms and Conditions, they shall have the respective meanings specified below unless the context otherwise requires: –

“Card Retail Counter” means Points manned by Food Junction Management Pte Ltd staff responsible for top-up of the RSVP Cards and provision of other services as may from time to time be determined by Food Junction Management Pte Ltd at its sole discretion.

“Consumer” means any person using a RSVP Card to effect transactions for products at any Food Junction Management Pte Ltd Outlet (excluding persons who are appointed or authorised to sell the RSVP Cards, effect top-ups or replace the RSVP Cards).

“Full Card Payment Outlets” means Food Junction Management Pte Ltd outlets where payment or transaction for products can be made only with the RSVP Card.

“Non-Full Card Payment Outlets” means Food Junction Management Outlets where payment or transaction for products can be made with cash or with the RSVP Cards.

“Outlets” means place of business owned and / or leased and operated by Food Junction Management Pte Ltd, its respective employees, officers, tenants, agents and / or any party from time to time appointed by Food Junction Management Pte Ltd to operate business at any of Food Junction Management Pte Ltd’s registered place of business and equipped with the RSVP Card Payment System.

“Parties” means the Food Junction Management Pte Ltd and the Consumer, and “Party” means either Food Junction Management Pte Ltd or the Consumer.

“Payment System” means the computerised system operated by Food Junction Management Pte Ltd whereby, inter alia, payment for or transaction of Food Junction Management Pte Ltd products may be effected by the Consumer using the RSVP Cards.

“Points” means automated points credited to Customers who utilised the RSVP Cards at point of purchase.

“Products” means food, drinks, foodstuff, edible products or any other products from time to time made available at all Food Junction Outlets.

“RSVP Card Kiosk” means self-service Automated Points to effect the issuance, checking of value or top-up of RSVP Cards by the Consumer.

“Service Charge” means a non-refundable Service Charge is paid by the Consumer for the issuance of a RSVP Card in such amount as may from time to time be determined by Food Junction Management Pte Ltd.

“Standard Terms and Conditions” means the standard terms and conditions found in this document.

“Stored Value” means the monetary value paid for and stored in a RSVP Card or the residual value remaining therein from time to time, which may be used by the Consumer for the payment for or transaction of RSVP Card Services.

“Validity Period” means the period of two (2) years from the date of purchase of the RSVP Card.

The headings and sub-headings of the provisions of the Standard Terms and Conditions are to facilitate references only and shall not in any way affect the construction or interpretation thereof.

Unless the context otherwise requires:

Words using the singular or plural number also include the plural or singular number, respectively; words denoting any gender shall include all genders and words denoting persons shall include firms and corporations and vice versa;

The terms “hereof”, “herein”, “hereby”, “hereto” and similar words refer to this entire Standard Terms and Conditions and not to any particular clause, schedule or any other subdivision of these Standard Terms and Conditions;

The words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import; and

The words “written” and “in writing” include any means of visible reproduction.

References to any “Clause” or “Schedule”, or any other agreement or document in the Standard Terms and Conditions shall be construed as references to the clauses or schedules of or in the Standard Terms and Conditions, or such other agreement or document, as may be modified, amended, supplemented, revised or replaced from time to time, and shall include a reference to any document which modifies, amends, supplements, revises or replaces it, or is entered into, made or given pursuant to or in accordance with its terms.

Any reference to either Party shall be construed as a reference to such Party’s successors and permitted assigns.

Relationship

The RSVP Card is issued by Food Junction Management Pte Ltd and its Standard Terms and Conditions shall bind every Consumer. Food Junction Management Pte Ltd shall only be liable to the Consumer in respect of the Stored Value without any interest accruing.

Issuance and Validity of the RSVP Card

The RSVP Card is issued subject to the payment of the Service Charge and such other fees or charges, if any, as may be imposed from time to time by Food Junction Management Pte Ltd and to these Standard Terms and Conditions. The pur chase of the RSVP Card or subsequent use thereof by the Consumer shall be deemed to be acceptance by the Consumer of these Standard Terms and Conditions.

Even after the expiration of the Lifespan of the RSVP Card, the Consumer will still be able to utilise the Stored Value.

Upon the expiry of the Lifespan of the RSVP cards, the Consumer may obtain a refund on the CEPAS value at any automated teller machines (“ATM”) or the transitlink office.

Food Junction Management Pte Ltd may at their sole discretion from time to time to vary the Validity Period for the RSVP Card.

RSVP Card Transactions and Stored Value

RSVP Cards are available for sale and top up value in denominations of $10 up to $500. The Stored Value in the card is valid for one (1) year from the date of top-up and it is non-refundable.

The RSVP Card shall be used as a means of payment or transaction of products at all Food Junction Outlets. During such payment or transaction, the Stored Value in the RSVP Card shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder.

In Non-Full Card Payment Outlets, payment can be made either by using the RSVP Card or in cash, but not a combination of both, for any single purchase transaction.

In Full Card Payment Outlets, payment can be made only by using the RSVP Card for any purchase transaction.

All RSVP Cards can be topped up at any Food Junction’s RSVP Card Kiosk. Topping up the RSVP Card does not automatically extend and/or renew the expiry of the RSVP Card.

Notwithstanding the aforesaid, Food Junction Management Pte Ltd may reject the use of the RSVP Card for effecting payment for or transaction of Food Junction Management Pte Ltd services if:

The RSVP Card is reasonably suspected to have been fraudulently issued, stolen or tampered with;

The Stored Value of the RSVP Card is insufficient or has been exhausted; or

There is any breakdown in the RSVP Card Payment System or part thereof which disables Food Junction Management Pte Ltd from accepting or processing the RSVP Card as a means of effecting payment or transaction.

Food Junction Management Pte Ltd shall not be liable for any loss suffered, if any, by the Consumer as a result thereof unless such loss is the direct consequence of the negligent or wilful default of any of Food Junction Management Pte Ltd employees, in which event, the maximum liability of Food Junction Management Pte Ltd, shall not exceed the aggregate sum of Singapore Dollars ten only (S$10) in respect of any one event or connected events regardless of the number of occurrences.

Food Junction Management Pte Ltd shall not be liable for any defects in the products or services purchased on its premises or for any other disputes concerning the said products or services.

Food Junction Management Pte Ltd shall from time to time introduce promotions, discounts and membership offers to the Consumer, all of which will be at its sole discretion.

Care and Use of the RSVP Card; Loss or Theft of the RSVP Card

The Consumer shall:

Exercise all due care and diligence in the custody, care and use of the RSVP Card;

Not tamper or allow anyone to tamper with the RSVP Card;

Not permit the RSVP Card to be used in any unauthorised manner;

Not intentionally deface or damage the RSVP Card;

Not affix, print or attach anything or matter onto the RSVP Card or otherwise alter, remove or replace any notice, logo or design on the RSVP Card;

Not use or attempt to use the RSVP Card through any electronic terminal that is malfunctioning or has broken down.

Any attempt to affix, print or attach anything or matter onto the RSVP Card or otherwise alter, remove or replace any notice, logo or design on the RSVP Card will result in damages that Food Junction Management Pte Ltd may seek against the Consumer.

If the RSVP Card is wilfully damaged, lost or stolen or if the Consumer is in breach of Clause 5.1 hereof, the Consumer shall not be entitled to any refund whatsoever. Food Junction Management Pte Ltd shall be entitled to deduct the Stored Value for transactions effected through the damaged, lost or stolen RSVP Card.

Damage to RSVP Cards

If, in the opinion of Food Junction Management Pte Ltd, that the Consumer’s RSVP Card is damaged or becomes defective on account of normal wear and tear or otherwise through no fault of the Consumer, the Consumer shall be en titled to seek a replacement of the RSVP Card.

Subject to the above paragraph, Food Junction Management Pte Ltd reserves the right to deal with and to take such course of action as it may think appropriate with respect to damaged RSVP Cards including but not limited to, replacement of damaged RSVP Cards.

Return and Retention of the RSVP Card

The RSVP Card remains the property of Food Junction Management Pte Ltd and shall be promptly returned to Food Junction Management Pte Ltd or any Food Junction Outlet upon request by Food Junction Management Pte Ltd subject to these Standard Terms and Conditions.

Food Junction Management Pte Ltd shall be entitled without assigning any reason therefore to retain at any Food Junction Outlet any RSVP Card which is reasonably suspected to have been fraudulently issued, stolen or tampered with.

Disclaimers and Exemptions

Notwithstanding anything to the contrary contained herein, Food Junction Management Pte Ltd, its respective officers, employees, contractors and / or agents shall not be liable in any way to the Consumer for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a solicitor and client basis) that the Consumer may incur or suffer in connection with or arising from:

The issue or use of the RSVP Card;

Any delay, suspension, discontinuance or failure in the issuance of the RSVP Card;

Any delay or suspension in the use of the RSVP Card;

Any period when the processing of the use of the RSVP Card for payment is unavailable due to any disruption, defect damage, breakdown in or failure (collectively “malfunction”) of the RSVP Card, the Payment System (including any data processing system, the network system or its associated equipment) whether or not due to anything beyond the control of any party or of their respective officers, employees, contractors or agents;

Any delay or any inability to use the RSVP Card for any reason whatsoever, including the unavailability due to the malfunction of RSVP Card Payment System or damage to or defect in the RSVP Card;

Any inability to retrieve any data or information on the RSVP Card; and / or

Any delay or inability to perform any of its obligations due directly or indirectly to the malfunction of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of any party or of their respective officers, employees, contractors or agents; provided that the same is not caused by the gross negligence or wilful default of Food Junction Management Pte Ltd or any of its respective officers.

Notwithstanding anything to the contrary contained herein, the maximum liability of Food Junction Management Pte Ltd to the Consumer under these Standard Terms and Conditions and at law shall not exceed in aggregate the sum of Singapore Dollars Ten only (S$10) per RSVP Card or the Stored Value of the Consumer’s RSVP Card as at the date the Consumer’s claim arises, whichever is lesser.

Indemnity

The Consumer hereby agrees to indemnify, release and discharge Food Junction Management Pte Ltd and its authorised agents from all damages, claims, demands, liabilities, judgments, actions and suits and agrees to hold Food Junction Management Pte Ltd and its authorised agents harmless against any liability for any loss, penalty, damage, costs and expenses (including but not limited to legal costs) which the Consumer may incur by reason of or arising either directly or indirectly from or in connection with the Consumer’s continued use of the RSVP Card, including without limitation:

The Consumer’s breach of any of the provisions of these Standard Terms & Conditions and/or any other agreement made between the Consumer and Food Junction Management Pte Ltd;

Any infringement by the Consumer of any intellectual property, including copyrights, rights of confidence, moral rights, privacy rights or other rights, of any person or entity;

Any action taken or omitted to be taken in good faith by Food Junction Management Pte Ltd and its authorised agents pursuant to any instructions, notice or request by the Consumer;

The enforcement of these Terms & Conditions and/or the recovery of any sums owed by the Consumer; or

Claims of third parties which may be brought or asserted in respect of the use of the RSVP Card.

Assignment

The Consumer shall not assign or transfer any of its rights, interests or obligations under any the Standard Terms and Conditions without the prior written consent of Food Junction Management Pte Ltd, which may be given on such terms and subject to such conditions as Food Junction Management Pte Ltd may at its absolute discretion determine.

Waiver

No failure on the part of Food Junction Management Pte Ltd to exercise, and no delay on its part in exercising, any right or remedy under the Standard Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in the Standard Terms and Conditions are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).

Any provision or breach of any provision of the Standard Terms and Conditions may be waived, only if Food Junction Management Pte Ltd so agrees in writing. Any waiver or consent given by the Food Junction Management Pte Ltd under any provision of the Standard Terms and Conditions must also be in writing. Any such waiver or consent by the Food Junction Management Pte Ltd may be given subject to any conditions thought fit by Food Junction Management Pte Ltd and shall be effective only in the instance and for the purpose for which it is given.

Illegality and Severability

In case any provision in the Standard Terms and Conditions shall be, or at any time shall become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provision of such Standard Terms and Conditions but such Standard Terms and Conditions shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.

Variation

In purchasing the RSVP Card, the Consumer is deemed to have consented to Food Junction Management Pte Ltd’s Standard Terms and Conditions and any variations that Food Junction Management Pte Ltd may from time to time implement.

Third Party Rights

A person who is not a party shall have no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of the terms of the Standard Terms and Conditions.

Governing Law and Jurisdiction

These Standard Terms and Conditions shall be interpreted construed and governed in all respects by the laws of the Republic of Singapore.

The Parties agree that in respect of any dispute arising out of or in connection with any Terms and Conditions, including any question regarding the existence, validity or termination of any Terms and Conditions, either Party may submit a claim or commence proceedings in respect of such dispute, and the Parties shall submit to the exclusive jurisdiction of the Singapore courts in respect of the dispute.

Language

These Standard Terms and Conditions may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version.

Trademarks

Customer Advisory

Food Junction Management Pte Ltd, the holder of the pre-paid card programme or the retailer stored value programme (referred to as “RSVP Card”) is governed by the Monetary Authority of Singapore. Consumers are advised to refer to the Monetary Authority of Singapore’s Guidelines on Stored Value Facilities, Standard Terms and Conditions Governing the Use of Nets FlashPay Card, and read the Standard Terms and Conditions for the usage of the RSVP Card carefully.